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(영문) 창원지방법원 2016.07.01 2015가단82002
물품대금
Text

1. The Defendant’s KRW 90,000,000 as well as the annual rate of KRW 6% from July 1, 2015 to July 1, 2016, and the next day.

Reasons

1. Basic facts

A. On December 29, 2012, the Defendant concluded a contract with B Co., Ltd. (hereinafter “B”) for the construction period of the C-Ground neighborhood living facilities construction work (hereinafter “instant construction work”) at the window of Changwon-si as the construction period from January 20, 2013 to October 21, 2013, with the construction cost (including value-added tax) from January 20, 2013 to October 21, 2013.

Since then, the contract for the construction work between the defendant and B was changed to the construction cost of August 31, 2014 and the construction cost of KRW 3,027,279,200 after two changes.

B completed the completion of the building in this case on January 21, 2015.

B. The Plaintiff’s claim for the price of goods supplied steel materials to be used in the instant construction to B, but did not receive the price of KRW 150,000,000 from B.

C. The Defendant and B entered into the instant settlement agreement on April 25, 2015 (hereinafter “instant settlement agreement”) with respect to the payment of the instant construction cost, while they failed to reach an agreement due to the delayed payment, unconstruction and defects, changes in construction materials, etc., the following settlement agreement was made around April 25, 2015.

After the settlement of the supply price of value of the contract amount of KRW 2,752,072,00, value-added tax of KRW 275,207,200, total of KRW 3,027,279,200, value-added tax of KRW 2,602,072,00, value-added tax of KRW 260,20,207,200, total of KRW 2,862,279,200, the final agreement is made after the settlement of KRW

Until now, the construction cost paid shall be 1,825,908,947 won (including substitute goods) and the unpaid balance of the construction cost shall be 1,036,370,253 won.

60 million won out of the unpaid balance

6.30. (Payments for Direct Payment or for Time Work) shall be settled.

The remainder shall be paid through mutual consultation after the completion of the remaining project.

The Defendant and B confirmed the outstanding amount for sewage suppliers, etc. on the same day as indicated in the following table, and confirmed the amount to be paid directly to sewage suppliers, etc. according to the instant settlement agreement as KRW 600,000,000 in total among the attempted amount of each company.

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